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Amber Ayers LARKIN, Appellant/Cross-Appellee, v. Dennis Michael LARKIN, Appellee/Cross-Appellant

Florida District Court of Appeal2017-01-13No. Case No. 5D16-1455
207 So.3d 1026

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Opinion

majority opinion

PER CURIAM.

We affirm, without discussion, the trial court’s determination as to the proper distribution of the parties’ Morgan Stanley account pursuant to the terms of their marital settlement agreement. However, we conclude that the trial court erred in failing to award the former wife a reasonable attorney’s fee. The marital settlement agreement provided for an award of fees to the prevailing party “in the event of a legal action or other proceeding arising under this Agreement.” Here, the former wife prevailed on the only significant issue resolved by the trial court in its post-judgment order. Therefore, we reverse the portion of the trial court’s order denying the former wife’s motion for attorney’s fees.

AFFIRMED, in part; REVERSED, in part; REMANDED.

TORPY, EVANDER and LAMBERT, JJ., concur.